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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of November 26, 2014 No. 691

About creation of Council of the business ombudsman

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 20.05.2015 No. 306)

For the purpose of ensuring transparency of activities of public authorities, assistance to decrease in level of corruption and prevention of unfair (dishonest) behavior concerning subjects of entrepreneurship in Ukraine, and also taking into account provisions of the Memorandum of understanding on maintenance of the Ukrainian anti-corruption initiative of the May 12, 2014 concluded between the Cabinet of Ministers of Ukraine, the European Bank for Reconstruction and Development, Organization for Economic Cooperation and Development, the American chamber of commerce in Ukraine, European Business by Association, Employers' Federation of Ukraine by Chamber of Commerce and Industry of Ukraine, the Ukrainian Union of Industrialists and Entrepreneurs and according to article 48 of the Law of Ukraine "About the Cabinet of Ministers of Ukraine" the Cabinet of Ministers of Ukraine decides:

1. Form Council of the business ombudsman.

2. Approve Regulations on Council of the business ombudsman which are applied.

3. Bring in the resolution of the Cabinet of Ministers of Ukraine of June 17, 2009 No. 599 "Question of the consultative, advisory and other facilitative branches formed by the Cabinet of Ministers of Ukraine" (The Official Bulletin of Ukraine, 2009, No. 45, Art. 1511; 2010, No. 82, Art. 2882; 2014, No. 37, the Art. 991) changes which are applied.

4. Submit to the Ministry of economic development and trade till March 20, 2015 for consideration of the Cabinet of Ministers of Ukraine the bill of creation of organization of the business ombudsman.

Prime Minister of Ukraine

A. P. Yatsenyuk

 

Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 26, 2014 No. 691

Regulations on Council of the business ombudsman

1. Council of the business ombudsman (further - Council) is permanent advisory advisory body of the Cabinet of Ministers of Ukraine.

2. Council in the activities is guided by the Constitution and the laws of Ukraine, presidential decrees of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted according to the Constitution and the laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, other acts of the legislation and the Memorandum of understanding on maintenance of the Ukrainian anti-corruption initiative of May 12, 2014 (further - the Memorandum) concluded between the Cabinet of Ministers of Ukraine, the European Bank for Reconstruction and Development, Organization for Economic Cooperation and Development, the American chamber of commerce in Ukraine, European Business by Association, Employers' Federation of Ukraine, Chamber of Commerce and Industry of Ukraine and the Ukrainian Union of Industrialists and Entrepreneurs (further - group of the parties).

3. Council is created for the purpose of assistance of transparency of activities of public authorities, subjects of managing which belong to the sphere of their management, prevention of corruption actions and/or other violations of legitimate interests of subjects of entrepreneurship.

4. The basic tasks of Council are:

1) preparation under the direction of the parties of the Memorandum of offers for the bill of creation of organization of the business ombudsman and its representation for consideration of the Cabinet of Ministers of Ukraine;

2) acceptance and consideration according to this Provision of claims from subjects of entrepreneurship to actions or failure to act, in particular the decision of public authorities and local government bodies, subjects of managing which belong to the sphere of their management, and also their officials;

3) provision to public authorities and local government bodies of recommendations about ensuring forming and realization of state policy in the sphere of business activity for the purpose of its enhancement and improvement of conditions of implementation of business activity, prevention of corruption actions and/or other violations of legitimate interests of subjects of entrepreneurship;

4) provision to public authorities and local government bodies, subjects of managing which belong to the sphere of their management, recommendations about enhancement and optimization of procedures and/or method in which they carry out the powers performing business or other activity.

5. For the purpose of accomplishment of the tasks assigned to it Council:

1) considers claims of subjects of entrepreneurship about making of corruption acts and/or other violations of their legitimate interests;

2) makes inquiries in public authorities, local government bodies and/or subjects of managing which belong to the sphere of their management, about taking measures to implementation of recommendations of Council;

Collects 3), processes and systematizes information on cases which are studied by it in connection with consideration of claims;

4) publishes in mass media and/or on the website of Council periodic reports on the activities, including without restrictions - results of hearing of cases about making of corruption acts and/or other violations of legitimate interests of subjects of entrepreneurship;

5) represents in case of need to the Cabinet of Ministers of Ukraine offers on introduction of amendments to acts of the legislation for the purpose of protection of legitimate interests of subjects of entrepreneurship against corruption acts and/or other violations from public authorities or local government bodies, and also subjects of managing which belong to the sphere of their management;

6) submits quarterly reports on the supervisory board, formed by group of the parties according to this Provision;

7) carries out other tasks determined by group of the parties.

6. Council has the right:

1) to request and receive in accordance with the established procedure without unreasonable delays from the public authorities, local government bodies and subjects of managing performing business activity, in particular by holding personal interviews with the corresponding officials, information, documents and other data necessary or useful to processing of claims and the solution of the questions concerning the cases considered by Council;

2) to inform relevant organs of the government or local government bodies information on cases which can demonstrate violation of legitimate interests of subjects of entrepreneurship and if at Council the weight of evidence suggests that such violations take place, - to submit applications for their additional studying, taking measures to elimination of such violations and involvement of perpetrators to responsibility according to the law;

To receive 3) timely from relevant organs of the government or local government bodies answers in writing with detailed explanation about condition of consideration and the taken measures for the purpose of the solution of the questions raised in the appeal of Council;

4) to involve officials of public authorities and local government bodies, consolidation of citizens, the companies, organizations and the organizations irrespective of pattern of ownership (from their consent) in consideration of the questions relating to their powers;

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